Solicitation.pdf

U.S. Department of Justice Federal Bureau of Prisons Administration Division

Field Acquisition Office 346 Marine Forces Drive Grand Prairie, Texas 75051

December 6, 2016

Re: RFQP05101600026, Vocational HVAC/Welding Programs

Federal Correctional Institution-La Tuna, Anthony, Texas

Dear Quoter:

Accompanying this cover letter is a Request for Quotation (RFQ) prepared by the Federal Bureau of Prisons, Field Acquisition Office, for the acquisition of Vocational HVAC/Welding Programs at the Federal Correctional Institution-La Tuna, Anthony, Texas. This package contains all the necessary information for submitting a quote for evaluation.

When submitting your quote, the quoter should consider all information provided herein. Please carefully follow all instructions located in the solicitation package concerning content, format, and submission of quotes.

All potential quoters are advised that this solicitation includes the clause FAR 52.212-4 for Commercial Items, which at paragraph (t) System for Award Management (SAM), requires all contractors doing business with the Federal Government must be registered in the SAM database.

Quoters should include their Data Universal Number System (DUNS) number in their offers.

The Contracting Officer will verify registration in the SAM database prior to award by entering the potential awardee’s DUNS number into the SAM database. Failure to complete the registration procedures outlined in this clause may result in elimination from consideration for award.

If you have questions about the System for Award Management (SAM), Government procurements in general, or need assistance in the preparation of your quote, a local Procurement Technical Assistance Center (PTAC) may be able to help. The Procurement Technical Assistance Program was authorized by Congress in 1985 in an effort to expand the number of businesses capable of participating in the Government marketplace. To locate a PTAC near you, go to http://www.aptac-us.org

Quotations must be received on or before the deadline of January 6, 2017 at 2:00pm Central Standard Time. Quotations shall be emailed to the following address:

mxxxwalker@bop.gov

Emailed quotes will be accepted in .pdf format only and will be deemed received at the time received as indicated on the email notification. Emails rejected by filters are not the responsibility of the government.

Quotes received after the deadline will be processed pursuant to Federal Acquisition Regulation 52.212-1(f). Faxed quotations are not authorized.

Should you have any questions, please make these inquiries in writing. Questions may be emailed to mxxxwalker@bop.gov.

Sincerely, Mark Walker, Contracting Officer

Field Acquisition Office mailto:mxxxwalker@bop.gov

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER OMB Clearance Control Number

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

1103-0018

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

RFQP05101600026

Mark Walker 972-352-4517

BFAO

Federal Bureau of Prisons Federal Correctional Institution 8500 Doniphan Road Anthony, TX 79821

BLAT

Federal Bureau of Prisons Federal Correctional Institution 8500 Doniphan Road Anthony, TX 79821

Federal Bureau of Prisons Federal Correctional Institution Attn: Financial Management 8500 Doniphan Road Anthony, TX 79821

To provide HVAC and Welding Program as stated in the Statement of Work for FCI La Tuna.

See Continuation Sheet(s)

12/06/2016

01/06/2017

14:00:00 CST

BLAT

Federal Bureau of Prisons Field Acquisition Office U.S. Armed Forces Reserve Complex 346 Marine Forces Drive Grand Prairie, TX 75051

BLAT

Page 1 of 35RFQP05101600026

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

RFQP05101600026 Page 3 of 33

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

2.1 Pricing Methodology

2.2 Statement of Work

3 Contract Clauses 52.216-18 Ordering (Oct 1995) 52.216-19 Ordering Limitations (Oct 1995) 52.216-21 Requirements (Oct 1995) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984) 52.252-6 Authorized Deviations in Clauses (Apr 1984) DJAR-PGD-14-05 Contractor Notice Regarding DOJ Policy Statement 1200.02, Federal Workplace Responses to Domestic Violence, Sexual Assault, and Stalking (Dec 2014) DJAR-PGD-15-02 Corporate Representation Regarding Felony Conviction Under Any Federal

Law or Unpaid Delinquent Tax Liability – Award (DEVIATION 2015-02) (March 2015) DJAR-PGD-15-02 Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse – Award (DEVIATION 2015-02) (March 2015) DJAR-PGD-15-03 Security of Department Information and Systems (Apr 2015) BOP 52.242-71 Evaluation of Contractor Performance Utilizing CPARS (Apr 2011) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Items (Nov 2016) 4 List of Attachments

4.1 Special Contract Conditions

5 Solicitation Provisions 52.209-7 Information Regarding Responsibility Matters (July 2013) 52.233-2 Service of Protest (Sept 2006) 52.252-5 Authorized Deviations in Provisions (Apr 1984) DJAR-PGD-15-02 Corporate Representation Regarding Felony Conviction Under Any Federal

Law or Unpaid Delinquent Tax Liability – Solicitation (DEVIATION 2015-02) (March 2015) . . . 23 DJAR-PGD-15-02 Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse – Solicitation (DEVIATION 2015-02) (March 2015) 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998)

5.1 Addendum to FAR 52.212-1, Instructions to Offerors-Commercial Items (Oct 2015) 52.27-103-71 Faith-Based and Community-Based Organizations (Aug 2005) 52.212-3 Offeror Representations and Certifications – Commercial Items (Oct 2016)

RFQP05101600026 Page 4 of 33

Section 2 – Commodity or Service Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

To provide HVAC and/or Welding Programs for FCI La Tuna in Anthony, Texas. Base Year - Effective Date of Award (EDOA) through 12 months from EDOA.

To provide HVAC and/or Welding Programs for FCI La Tuna in Anthony, Texas. Option Year #1 – 13 months from EDOA through 24 months from EDOA.

To provide HVAC and/or Welding Programs for FCI La Tuna in Anthony, Texas. Option Year #2 - 25 months from EDOA through 36 months from EDOA.

To provide HVAC and/or Welding Programs for FCI La Tuna in Anthony, Texas. Option Year #3 - 37 months from EDOA through 48 months from EDOA

To provide HVAC and/or Welding Programs for FCI La Tuna in Anthony, Texas. Option Year #4 - 49 months from EDOA through 60 months from EDOA

To provide HVAC and/or Welding Programs for FCI La Tuna in Anthony, Texas. Option to Extend Services (FAR 52.217-8) – 61 months from EDOA through 66 months from EDOA.

SS

2.1 Pricing Methodology

Total amount for the Base Year and 4 Option Years $______________________________

PRICING METHODOLOGY

The Contractor shall provide non-personal services, upon request by the institution as detailed in the Statement of Work. The Government reserves the right to award without discussion. Therefore, each initial offer should contain the offeror's best terms from a cost or price standpoint.

Services are required to be provided in accordance with the Statement of Work (SOW).

The contract rate for these services shall be on a per session basis. Session lengths are defined as four (4) hours. The contract rate shall include all charges for providing these services. The contract pricing shall include all charges to the Government for performing the services required by this solicitation/contract (e.g., bonding, overhead, profit, supervision, lodging, transportation).

The quantity of services to be provided by the Contractor is estimated above. These estimates are not a representation to an offeror or contractor that the estimated quantities will be required or ordered, or that conditions effecting requirements will remain stable or normal (FAR 16.503(a)(1)). The offerors are required to submit a completed copy of the Schedule of Supplies/Services, located in the table above, inclusive of the base year and all option years.

Pursuant to FAR 17.203(b), the Government's evaluation shall be inclusive of options. Pursuant to FAR 17.203(d), the offeror may offer varying prices for options, depending on the quantities actually ordered and the dates when ordered.

2.2 Statement of Work

I. Subject:

FCI La Tuna intends to make a single award to a post-secondary institution, vocational training or industry-based school that will be

RFQP05101600026 Page 5 of 33 responsible for providing instruction in HVAC and/or Welding as part of a Sustainability training program. Successful completion of the college course(s) must qualify inmates for at least entry-level employment in a specified field upon release.

II. Background:

The Federal Bureau of Prisons (BOP) was established in 1930 to provide more progressive and humane care for Federal inmates, to professionalize the prison service, and to ensure consistent and centralized administration. The Federal prison system is a nationwide system of prisons and detention facilities for the incarceration of persons who have been sentenced to imprisonment for Federal crimes and the detention of persons awaiting trial in Federal court. The defined mission of the BOP is as follows:

It is the mission of the Federal Bureau of Prisons to protect society by confining offenders in the controlled environments of prisons and community-based facilities that are safe, humane, cost-efficient, and appropriately secure, and that provide work and other self-improvement opportunities to assist offenders in becoming law-abiding citizens.

As an agency under the Executive Branch of the United States Government, the BOP receives an annual appropriation of funds to accomplish its mission. The public trust demands that this annual appropriation be prudently managed. Monies spent to provide education to the inmate population must reflect the agency’s best efforts to obtain cost-effective services, consistent with community standards.

In 1996, the Bureau of Prisons standardized procedures to (1) select and fund new vocational/occupational training programs, (2) select and fund existing vocational/occupational training programs, and (3) update equipment for existing vocational/occupational training programs. The following Bureau of Prisons Program Statements, which are available electronically at www.bop.gov, are applicable to this contract and are incorporated by reference to the same effect as if they were given in full text.

1. Program Statement 5300.21 – Education, Training, and Leisure Time Program Standards.

2. Program Statement 5353.01 – Occupational Education Programs

3. Program Statement 1237.13 – Information Security

III. Place of Performance:

Occupational training instruction will be performed at the post-secondary institution, vocational training school or industry-based school.

IV. Schedule of Performance:

The courses shall be instructed utilizing one (4) hour sessions of classroom instruction, with an estimated number of 5 instruction sessions per week for each of the courses. Typically, the post-secondary institution, vocational training school or industry-based school will provide services Monday through Friday, between 8:00 am and 12:00 pm, excluding Federal holidays; other days/hours may be implemented if necessary to meet program requirements and these days/hours may be adjusted to meet the needs of the institution. Specific dates for the classes will be determined by the Supervisor of Education and the post-secondary institution, vocational training school or industry-based school. Estimated annual sessions are approximately 154 sessions per course in a 12-month period. The instructors are available after 12:00pm to assist with students who require make-up hours.

Due to the nature of the correctional setting, sessions may be delayed or cancelled with little notice. The reasons for such delays may include but are not limited to inclement weather and institution emergencies. Make-up hours will be available for missed classes.

V. Supplies and Equipment:

The post-secondary institution, vocational training school or industry-based school is expected to directly provide supplies and equipment as part of the contract.

VI. Method of Performance:

The post-secondary institution, vocational training school or industry-based school will provide instruction for a HVAC and/or Welding program in accordance with Bureau of Prisons Program Statement 5353.01, Occupational Education Programs, and Bureau of Prisons Program Statement 5300.21, Education, Training and Leisure Time Program Standards.

20 – 40 percent of the curriculum’s competencies must be hands-on replication of the actual work environment. Application of hands-on work must be occupational in nature. An institution live work project may be utilized to demonstrate or apply hands-on competencies. Electronic or computer-based simulation does not satisfy the hands-on or live work requirement.

RFQP05101600026 Page 6 of 33

The Supervisor of Education must approve live work projects although inmates will be provided more than enough opportunities for live work at the post-secondary institution, vocational training school or industry-based school as part of the coursework in a program from an accredited source.

Marketable programs shall afford inmates the opportunity to gain in demand skills in a specific occupation, industry, or trade. The marketable program must qualify inmate graduates for at least an entry-level position in employment related to HVAC and/or Welding. As a precondition of the proposal for the contract, the post-secondary institution, vocational training school or industry-based school shall specify in writing to the Supervisor of Education the position(s) of employment for which inmate graduates will be eligible to apply.

VII. Scope of Performance:

The Supervisor of Education shall determine the minimum and maximum number of enrollments based on seats available at the college. The VT coordinator will work with the post-secondary institution, vocational training school or industry-based school to provide accurate documentation of the progress of all students.

The post-secondary institution, vocational training school or industry-based school will provide a written curriculum which establishes measurable behavioral objectives and procedures. The curriculum must include clear criteria which establish minimum expectations for program completion, provisions for the assessment of student progress, must identify the hands-on competencies and must require the students to demonstrate them. The course will include core classes needed to attain a college certificate, an industry-accepted certificate, an Associate in Arts degree (A.A.), an Associate in Science degree (A.S.), or an Associate in Applied Science degree (A.A.S.).

The post-secondary institution, vocational training school or industry-based school shall assist in the recruitment of employers affiliated with the identified occupation to participate in the institution’s mock job fair.

VIII. Performance Conditions:

Award of this contract is contingent upon FCI La Tuna’s approval to receive Advanced Occupational Education funding.

Award of this contract will result in a contractual arrangement only and is not a personnel appointment; payment is based on an end product or the accomplishment of a specific result; the service does not constitute an employer/employee relationship; and the post-secondary institution, vocational training school or industry-based school will not be subject to government supervision, except for security-related matters. However, post-secondary institution, vocational training school or industry-based school performance shall be monitored.

Performance Period(s):

Base Year: Effective Date of Award (EDOA) through 12 months from EDOA Option Year 1: 13 months from EDOA through 24 months from EDOA Option Year 2: 25 months from EDOA through 36 months from EDOA Option Year 3: 37 months from EDOA through 48 months from EDOA Option Year 4: 49 months from EDOA through 60 months from EDOA

IX. Inmate/Classroom Management:

Provisions of service under this contract will require instructors at the post-secondary institution, vocational training school or industry-based school to have frequent and unsupervised contact with inmates. Instructors will not be responsible for the management of inmates other than to ensure those inmates involved in activities within the instructor’s scope of work shall abide by all rules in effect to ensure their safety and well-being. Instructors will report any infraction of institutional rules and regulations by inmates to the appropriate institutional staff.

X. Education Background and Qualifications:

The instructor will be a post-secondary institution, vocational training school or industry-based school employee with all qualifications required to instruct students in HVAC and/or welding. The contract must be between FCI La Tuna and a post-secondary institution, vocational training school or industry-based school that provides training for students to receive industry-

RFQP05101600026 Page 7 of 33 recognized certification in HVAC and/or welding.

The occupational education program must fall under the provider’s umbrella of accreditation and lead to transferrable credits resulting in a college certificate, A.A., A.A.S. or A.S. degree. Industry-accepted certification is also acceptable. Providers must be accredited by a recognized accrediting agency..

The occupational education program must lead to a college certificate, A.A., A.S., A.A.S. or industry-recognized certificate qualifying inmates for at least an entry-level position of employment. Credits earned from the college certificate, A.A., A.S., or A.A.S. must be transferrable to a four-year college.

Four-year degree programs and programs in liberal arts/general studies are not authorized, although limited and specific courses of a liberal arts/general studies nature may be permitted if directly related to preparation for a specific occupation or vocation.

XI. Program Management/Institutional Security:

There will be no contractors in the institution.

XII. Miscellaneous Information:

None.

By submission of a quote/bid/proposal, the contractor agrees to all the above requirements.

XIII. Payment Terms

Payment terms as specified in FAR 52.212-4(g) apply. The post-secondary institution, vocational training school or industry-based school shall provide a monthly invoice to the FCI La Tuna Accounting Department which accurately reflects days worked, number of sessions, and the total amount due for the previous month’s services. The due date for making an invoice payment by the designated payment office shall be the 30th day after the designated billing office has received a proper invoice, or the government has accepted the services performed by the contractor. The post-secondary institution, vocational training school or industry-based school can, however, offer discount payment terms for prompt payments as specified in block 12 on the SF-1449 form of this solicitation. Half sessions will not be authorized for payment.

RFQP05101600026 Page 8 of 33

Section 3 – Contract Clauses

ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions – Commercial Items (May 2015)

The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4.

Clauses By Reference

52.252-2 CLAUSES INCORPORATED BY REFERENCE (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov/far

Clause Title 52.203-17 Contractor Whistleblower Rights and Requirements to Inform Employees of Whistleblower Rights (Apr 2014)

52.212-4 Contract Terms and Conditions – Commercial Items (May 2015)

52.224-1 Privacy Act Notification (Apr 1984)

52.224-2 Privacy Act (Apr 1984)

52.232-18 Availability of Funds (Apr 1984)

52.232-40 Providing Accelerated Payment to Small Business Subcontractors (Dec 2013)

52.253-1 Computer Generated Forms (Jan 1991)

Clauses by Full Text

52.216-18 Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the first day of the effective performance period through the last day of the effective performance period.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of Clause)

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than one session, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor--

(1) Any order for a single item in excess of the estimated quantities identified in the Schedule of Items within the current performance period;

http://www.acquisition.gov/far

RFQP05101600026 Page 9 of 33

(2) Any order for a combination of items in excess of the estimated quantities identified in the Schedule of Items within the current performance period; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within five (5) days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-21 Requirements (Oct 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the last day of the effective performance period.

52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor prior to expiration of the current contract period.

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor prior to expiration of the current performance period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

RFQP05101600026 Page 10 of 33

(c) The total duration of this contract, including the exercise of any options under this clause shall not exceed 5 years.

52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984)

Funds are not presently available for performance under this contract beyond September 30 of the base year or any option year exercised. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30 of the base year or any option year exercised, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

52.252-6 Authorized Deviations in Clauses (Apr 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)”after the date of the clause.

(b) The use in this solicitation or contract of any Justice Acquisition Regulation (48 CFR Chapter 28) clause with an authorized deviation is indicated by the addition of “(DEVIATION)”after the name of the regulation.

(End of clause)

DJAR-PGD-14-05 Contractor Notice Regarding DOJ Policy Statement 1200.02, Federal Workplace Responses to Domestic Violence, Sexual Assault, and Stalking (Dec 2014)

(a) Department Policy on Domestic Violence, Sexual Assault, and Stalking. It is the Department’s policy to enhance workplace awareness of and safety for victims of domestic violence, sexual assault, and stalking. This policy is summarized in DOJ Policy Statement 1200.02 (Policy Statement), available in full for public viewing at http://www.justice.gov/sites/default/files/ovw/legancy/2013/12/19/federal-workplace-responses -to-domesticviolence-sexualassault-stalking.pdf. Vendor agrees, upon contract award, to provide notice of this Policy Statement, including at a minimum the above-listed URL, to all of Vendor’s employees and employees of subcontractors who will be assigned to work on Department premises.

(b) Point of Contact for Victims of Domestic Violence, Sexual Assault, and Stalking. The Procurement Executive at 320 First Street, N.W. Room 5005, Washington, D.C. 20534 shall serve as the Bureau of Prisons’ Point of Contact for Victims of domestic violence, sexual assault, and stalking for the services provider under this contract. Contractor agrees to inform its employees and employees of subcontractors who will be assigned to work on Department premises of the name and contact information for the Victim Point of Contract.

DJAR-PGD-15-02 Corporate Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability – Award (DEVIATION 2015-02) (March 2015)

(a) None of the funds made available by the Department’s current Appropriations Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with a corporation –

(1) convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government, or

(2) that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

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(b) By accepting this award or order, in writing or by performance, the offeror/contractor represents that –

(1) the offeror is not a corporation convicted of a felony criminal violation under any Federal or State law within the preceding 24 months; and,

(2) the offeror is not a corporation that has any unpaid Federal or State tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

DJAR-PGD-15-02 Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse – Award (DEVIATION 2015-02) (March 2015)

By accepting this award or order, the contractor certifies that it does not require employees or contractors of the contractor seeking to report fraud, waste, and abuse to sign internal confidentiality agreements or statement prohibiting or otherwise restricting such employees or contractors from lawfully reporting waste, fraud, and abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(End Clause)

DJAR-PGD-15-03 Security of Department Information and Systems (Apr 2015)

I. Applicability to Contractors and Subcontractors

This clause applies to all contractors and subcontractors, including cloud service providers (“CSPs”), and personnel of contractors, subcontractors, and CSPs (hereinafter collectively, “Contractor”) that may access, collect, store, process, maintain, use, share, retrieve, disseminate, transmit, or dispose of DOJ Information. It establishes and implements specific DOJ requirements applicable to this Contract. The requirements established herein are in addition to those required by the Federal Acquisition Regulation (“FAR”), including FAR 11.002(g) and 52.239-1, the Privacy Act of 1974, and any other applicable laws, mandates, Procurement Guidance Documents, and Executive Orders pertaining to the development and operation of Information Systems and the protection of Government Information. This clause does not alter or diminish any existing rights, obligation or liability under any other civil and/or criminal law, rule, regulation or mandate.

II. General Definitions

The following general definitions apply to this clause. Specific definitions also apply as set forth in other paragraphs.

A. Information means any communication or representation of knowledge such as facts, data, or opinions, in any form or medium, including textual, numerical, graphic, cartographic, narrative, or audiovisual. Information includes information in an electronic format that allows it be stored, retrieved or transmitted, also referred to as “data,” and “personally identifiable information” (“PII”), regardless of form.

B. Personally Identifiable Information (or PII) means any information about an individual maintained by an agency, including, but not limited to, information related to education, financial transactions, medical history, and criminal or employment history and information, which can be used to distinguish or trace an individual's identity, such as his or her name, social security number, date and place of birth, mother's maiden name, biometric records, etc., including any other personal information which is linked or linkable to an individual.

C. DOJ Information means any Information that is owned, produced, controlled, protected by, or otherwise within the custody or responsibility of the DOJ, including, without limitation, Information related to DOJ programs or personnel. It includes, without limitation, Information (1) provided by or generated for the DOJ, (2) managed or acquired by Contractor for the DOJ in connection with the performance of the contract, and/or (3) acquired in order to perform the contract.

D. Information System means any resources, or set of resources organized for accessing, collecting, storing, processing, maintaining, using, sharing, retrieving, disseminating, transmitting, or disposing of (hereinafter collectively, “processing, storing, or transmitting”) Information.

E. Covered Information System means any information system used for, involved with, or allowing, the processing, storing, or transmitting of DOJ Information.

III. Confidentiality and Non-disclosure of DOJ Information

A. Preliminary and final deliverables and all associated working papers and material generated by Contractor containing DOJ Information are the property of the U.S. Government and must be submitted to the Contracting Officer (“CO”) or the CO’s

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Representative (“COR”) at the conclusion of the contract. The U.S. Government has unlimited data rights to all such deliverables and associated working papers and materials in accordance with FAR 52.227-14.

B. All documents produced in the performance of this contract containing DOJ Information are the property of the U.S.

Government and Contractor shall neither reproduce nor release to any third-party at any time, including during or at expiration or termination of the contract without the prior written permission of the CO.

C. Any DOJ information made available to Contractor under this contract shall be used only for the purpose of performance of this contract and shall not be divulged or made known in any manner to any persons except as may be necessary in the performance of this contract. In performance of this contract, Contractor assumes responsibility for the protection of the confidentiality of any and all DOJ Information processed, stored, or transmitted by the Contractor. When requested by the CO (typically no more than annually), Contractor shall provide a report to the CO identifying, to the best of Contractor’s knowledge and belief, the type, amount, and level of sensitivity of the DOJ Information processed, stored, or transmitted under the Contract, including an estimate of the number of individuals for whom PII has been processed, stored or transmitted under the Contract and whether such information includes social security numbers (in whole or in part).

IV. Compliance with Information Technology Security Policies, Procedures and Requirements

A. For all Covered Information Systems, Contractor shall comply with all security requirements, including but not limited to the regulations and guidance found in the Federal Information Security Management Act of 2014 (“FISMA”), Privacy Act of 1974, E-Government Act of 2002, National Institute of Standards and Technology (“NIST”) Special Publications (“SP”), including NIST SP 800-37, 800-53, and 800-60 Volumes I and II, Federal Information Processing Standards (“FIPS”) Publications 140-2, 199, and 200, OMB Memoranda, Federal Risk and Authorization Management Program (“FedRAMP”), DOJ IT Security Standards, including DOJ Order 2640.2, as amended. These requirements include but are not limited to:

1. Limiting access to DOJ Information and Covered Information Systems to authorized users and to transactions and functions that authorized users are permitted to exercise;

2. Providing security awareness training including, but not limited to, recognizing and reporting potential indicators of insider threats to users and managers of DOJ Information and Covered Information Systems;

3. Creating, protecting, and retaining Covered Information System audit records, reports, and supporting documentation to enable reviewing, monitoring, analysis, investigation, reconstruction, and reporting of unlawful, unauthorized, or inappropriate activity related to such Covered Information Systems and/or DOJ Information;

4. Maintaining authorizations to operate any Covered Information System;

5. Performing continuous monitoring on all Covered Information Systems;

6. Establishing and maintaining baseline configurations and inventories of Covered Information Systems, including hardware, software, firmware, and documentation, throughout the Information System Development Lifecycle, and establishing and enforcing security configuration settings for IT products employed in Information Systems;

7. Ensuring appropriate contingency planning has been performed, including DOJ Information and Covered Information System backups;

8. Identifying Covered Information System users, processes acting on behalf of users, or devices, and authenticating and verifying the identities of such users, processes, or devices, using multifactor authentication or HSPD-12 compliant authentication methods where required;

9. Establishing an operational incident handling capability for Covered Information Systems that includes adequate preparation, detection, analysis, containment, recovery, and user response activities, and tracking, documenting, and reporting incidents to appropriate officials and authorities within Contractor’s organization and the DOJ;

10. Performing periodic and timely maintenance on Covered Information Systems, and providing effective controls on tools, techniques, mechanisms, and personnel used to conduct such maintenance;

11. Protecting Covered Information System media containing DOJ Information, including paper, digital and electronic media; limiting access to DOJ Information to authorized users; and sanitizing or destroying Covered Information System media containing DOJ Information before disposal, release or reuse of such media;

12. Limiting physical access to Covered Information Systems, equipment, and physical facilities housing such Covered Information Systems to authorized U.S. citizens unless a waiver has been granted by the Contracting Officer (“CO”), and protecting the physical facilities and support infrastructure for such Information Systems;

13. Screening individuals prior to authorizing access to Covered Information Systems to ensure compliance with DOJ Security standards;

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14. Assessing the risk to DOJ Information in Covered Information Systems periodically, including scanning for vulnerabilities and remediating such vulnerabilities in accordance with DOJ policy and ensuring the timely removal of assets no longer supported by the Contractor;

15. Assessing the security controls of Covered Information Systems periodically to determine if the controls are effective in their application, developing and implementing plans of action designed to correct deficiencies and eliminate or reduce vulnerabilities in such Information Systems, and monitoring security controls on an ongoing basis to ensure the continued effectiveness of the controls;

16. Monitoring, controlling, and protecting information transmitted or received by Covered Information Systems at the external boundaries and key internal boundaries of such Information Systems, and employing architectural designs, software development techniques, and systems engineering principles that promote effective security; and

17. Identifying, reporting, and correcting Covered Information System security flaws in a timely manner, providing protection from malicious code at appropriate locations, monitoring security alerts and advisories and taking appropriate action in response.

B. Contractor shall not process, store, or transmit DOJ Information using a Covered Information System without first obtaining an Authority to Operate (“ATO”) for each Covered Information System. The ATO shall be signed by the Authorizing Official for the DOJ component responsible for maintaining the security, confidentiality, integrity, and availability of the DOJ Information under this contract. The DOJ standards and requirements for obtaining an ATO may be found at DOJ Order 2640.2, as amended. (For Cloud Computing Systems, see Section V, below.)

C. Contractor shall ensure that no Non-U.S. citizen accesses or assists in the development, operation, management, or maintenance of any DOJ Information System, unless a waiver has been granted by the by the DOJ Component Head (or his or her designee) responsible for the DOJ Information System, the DOJ Chief Information Officer, and the DOJ Security Officer.

D. When requested by the DOJ CO or COR, or other DOJ official as described below, in connection with DOJ’s efforts to ensure compliance with security requirements and to maintain and safeguard against threats and hazards to the security, confidentiality, integrity, and availability of DOJ Information, Contractor shall provide DOJ, including the Office of Inspector General (“OIG”) and Federal law enforcement components, (1) access to any and all information and records, including electronic information, regarding a Covered Information System, and (2) physical access to Contractor’s facilities, installations, systems, operations, documents, records, and databases. Such access may include independent validation testing of controls, system penetration testing, and FISMA data reviews by DOJ or agents acting on behalf of DOJ, and such access shall be provided within 72 hours of the request. Additionally, Contractor shall cooperate with DOJ’s efforts to ensure, maintain, and safeguard the security, confidentiality, integrity, and availability of DOJ Information.

E. The use of Contractor-owned laptops or other portable digital or electronic media to process or store DOJ Information covered by this clause is prohibited until Contractor provides a letter to the DOJ CO, and obtains the CO’s approval, certifying compliance with the following requirements:

1. Media must be encrypted using a NIST FIPS 140-2 approved product;

2. Contractor must develop and implement a process to ensure that security and other applications software is kept up-to-date;

3. Where applicable, media must utilize antivirus software and a host-based firewall mechanism;

4. Contractor must log all computer-readable data extracts from databases holding DOJ Information and verify that each extract including such data has been erased within 90 days of extraction or that its use is still required. All DOJ Information is sensitive information unless specifically designated as non-sensitive by the DOJ; and,

5. A Rules of Behavior (“ROB”) form must be signed by users. These rules must address, at a minimum, authorized and official use, prohibition against unauthorized users and use, and the protection of DOJ Information. The form also must notify the user that he or she has no reasonable expectation of privacy regarding any communications transmitted through or data stored on Contractor-owned laptops or other portable digital or electronic media.

F. Contractor-owned removable media containing DOJ Information shall not be removed from DOJ facilities without prior approval of the DOJ CO or COR.

G. When no longer needed, all media must be processed (sanitized, degaussed, or destroyed) in accordance with DOJ security requirements.

H. Contractor must keep an accurate inventory of digital or electronic media used in the performance of DOJ contracts.

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I. Contractor must remove all DOJ Information from Contractor media and return all such information to the DOJ within 15 days of the expiration or termination of the contract, unless otherwise extended by the CO, or waived (in part or whole) by the CO, and all such information shall be returned to the DOJ in a format and form acceptable to the DOJ. The removal and return of all DOJ Information must be accomplished in accordance with DOJ IT Security Standard requirements, and an official of the Contractor shall provide a written certification certifying the removal and return of all such information to the CO within 15 days of the removal and return of all DOJ Information.

J. DOJ, at its discretion, may suspend Contractor’s access to any DOJ Information, or terminate the contract, when DOJ suspects that Contractor has failed to comply with any security requirement, or in the event of an Information System Security Incident (see Section V.E. below), where the Department determines that either event gives cause for such action.

The suspension of access to DOJ Information may last until such time as DOJ, in its sole discretion, determines that the situation giving rise to such action has been corrected or no longer exists. Contractor understands that any suspension or termination in accordance with this provision shall be at no cost to the DOJ, and that upon request by the CO, Contractor must immediately return all DOJ Information to DOJ, as well as any media upon which DOJ Information resides, at Contractor’s expense.

V. Cloud Computing

A. Cloud…